Home health care aides
have traditionally been one of the classes
of workers that are exempt from the federal
overtime requirements law. As of January 1,
2015 the law has changed. Home health care
aides are among the hardest working and most
caring people in our nation’s workforce. You
deserve fair compensation for the long, hard
hours you put in to care for your patients.
At the New York law offices of
Hepworth, Gershbaum & Roth, PLLC, we
devote ourselves to protecting the rights of
employees.

Can
businesses try to avoid paying home health
aid workers overtime by making them
independent contractors?

Home health aid workers
have finally received the recognition that
they deserve fair compensation for the
difficult and strenuous tasks that they
perform. Businesses are attempting to avoid
paying home health aid workers the time and
a half they deserve by giving them a 1099
tax form and considering them to be
independent contractors, because independent
contractors are not owed overtime. Our
wages and hour claims attorneys in New
York offer you sound legal guidance to
decide on the best course of action to get
you the full wages that you deserve. The
test about whether an employee is an
independent contractor is an evaluation of
how much direct control the business has
over your work and how you perform your
tasks.

What are you
entitled to recover if you are a home
healthcare worker that has not been paid in
full for their overtime hours?

You have the right to
take legal action if you are a home health
aid worker and you have an employer that has
refused to pay you the
overtime wages that you have earned.
Employees are owed overtime wages and have
the right to recover monetary damages for
working any more than 40 hours within a
single work week. The New York unpaid wage
claims attorneys in our office are
compassionate towards the struggle of home
health aid workers and tough on the
employers that are not paying them fairly.
We aggressively litigate against businesses
that behave badly by not paying full and
fair wages. The types of damages we normally
recover in these cases include:

Contact one
of our employment law attorneys for a free
initial consultation and discuss your rights
to lawful compensation as a home healthcare
worker

Our
attorneys at Hepworth, Gershbaum & Roth,
PLLC feel strongly about protecting the
workplace rights of home health aid workers.
Contact us
online or by phone at 212-545-1199 to
schedule an appointment for a free initial
consultation to discuss your rights.

CONTACT US

Contact an employment law
attorney in New York today
for a free initial
consultation and determine
whether you have a case. For
a free initial consultation,
you can contact us online or
by phone.